U.S. Senate Committee on Appropriations

Statement of COUNCILMAN SELWYN WHITESKUNK Ute Mountain Ute Tribe, Towaoc, Colorado Before the SUBCOMMITTEE ON ENERGY AND WATER Senate Appropriations Committee

March 24, 2004

MR. CHAIRMAN, SENATOR CAMPBELL AND MEMBERS OF THE COMMITTEE.

THANK YOU FOR THE OPPORTUNITY TO PARTICIPATE IN THIS IMPORTANT HEARING. I AM HONORED TO REPRESENT THE UTE MOUNTAIN UTE TRIBE AND ITS MEMBERS TODAY. WE HAVE WORKED VERY HARD AND HAVE WAITED MANY, MANY YEARS TO SEE THE COLORADO UTE INDIAN WATER RIGHTS SETTLEMENT IMPLEMENTED THROUGH THE CONSTRUCTION OF THE ANIMAS-LA PLATA PROJECT.

THE UTE MOUNTAIN UTE TRIBE IS NOT A MERE BYSTANDER IN THE IMPLEMENTATION PROCESS. THE SETTLEMENT PASSED IN 1988 PROVIDED FOR THE COLORADO UTE TRIBES THE OPPORTUNITY TO PARTICIPATE IN THE PROJECT CONSTRUCTION THROUGH THE INDIAN SELF DETERMINATION AND EDUCATION ASSISTANCE ACT. FOR THE UTE MOUNTAIN UTES, THIS OPPORTUNITY IS MEANINGFUL FOR THE VERY REASONS CONGRESS PASSED THE ACT:

* THIS PROJECT BRINGS ECONOMIC DEVELOPMENT TO THE TRIBE AND ITS MEMBERS,

* IT FURTHER PROMOTES EDUCATION, TRAINING AND EMPLOYMENT AMONG OUR MEMBERS,

* IT PROVIDES REAL WORLD EXPERIENCES IN COOPERATION AND MANAGEMENT, PARTICULARLY ON SUCH A LARGE SCALE INVOLVING SO MANY TRIBAL AND GOVERNMENTAL PROGRAMS,

* IT PROMOTES PRIDE IN OUR WORK AND THE BENEFIT IT BRINGS TO OUR HOMELAND AND OUR PEOPLE.

THESE BENEFITS ULTIMATELY MAKE THE TRIBE STRONGER AND BETTER ABLE TO PARTICIPATE IN ITS OWN EVOLUTION.

AFTER AMENDMENTS TO THE SETTLEMENT ACT WERE PASSED IN 2000 AND THE PROJECT WAS ORDERED TO PROCEED, WE IMMEDIATELY BEGAN OUR DIRECT ROLE IN PROJECT DEVELOPMENT BY CONTRACTING THE CULTURAL RESOURCES MITIGATION RESPONSIBILITIES WHICH MUST BE COMPLETED PRIOR TO CONSTRUCTION AND WHICH CONTINUE THROUGHOUT THE LIFE OF THE PROJECT.

THE UTE MOUNTAIN UTE TRIBE AND THE SOUTHERN UTE INDIAN TRIBE ENTERED INTO THE CONTRACT FOR CULTURAL RESOURCES MITIGATION IN 2002. THE AREA SURROUNDING THE PROJECT IS VERY IMPORTANT ARCHAEOLOGICALLY IN THAT THERE ARE THOUSANDS OF ARTIFACTS, RANGING PRIMARILY FROM 2,000 TO 10,000 YEARS OLD, AND THE AREA IS ALSO IMPORTANT TO OUR TRIBES CULTURALLY IN THAT IT CONTAINS A PORTION OF A POPULAR ROUTE THROUGH THE MOUNTAINS THAT WAS USED BY THE UTE PEOPLE FOR GENERATIONS. I AM PLEASED TO INFORM YOU THAT THE CONTRACT HAS PROVEN TO BE A GREAT SUCCESS IN AREAS THAT ARE VERY IMPORTANT TO THE TRIBES:

* NEARLY 40 % OF ALL EMPLOYEES WORKING ON THE CONTRACT ARE NATIVE AMERICAN, AS WELL AS OUR OWN TRIBAL MEMBERS,

* WE HAVE IMPLEMENTED A POPULAR FIVE WEEK NATIVE AMERICAN TRAINING PROGRAM,

* THE MITIGATION WORK HAS COORDINATED VERY WELL WITH THE CONSTRUCTION WORK,

* AND WE HAVE MADE FINDINGS OF SIGNIFICANT ARCHAEOLOGICAL INTEREST.

THE WEEMINUCHE CONSTRUCTION AUTHORITY PLAYS AN EVEN LARGER ROLE IN THE ACTUAL BUILDING OF THIS CRITICAL WATER STORAGE FACILITY.

THE UTE MOUNTAIN UTE TRIBE OWNS AND OPERATES ITS ON CONSTRUCTION COMPANY, THE WEEMINUCHE CONSTRUCTION AUTHORITY, AND WE HAVE DESIGNATED WEEMINUCHE AS THE PRIME CONTRACTOR ON THE CONSTRUCTION OF THE PROJECT. BUILDING A DAM SUCH AS THIS IS EXTREMELY COMPLICATED AND REQUIRES A WIDE RANGE OF SKILLS AND EXPERTISE. WE ARE VERY PROUD OF THE WORK WEEMINUCHE IS DOING AND WE SEE MANY BENEFITS IN THE PROJECT FOR OUR OWN PEOPLE, AND THE LOCAL COMMUNITY. OUR PEOPLE ARE GAINING HANDS-ON EXPERIENCE IN AREAS THAT WILL PROVE USEFUL TO THEM IN THE FUTURE. ALTHOUGH THE OPPORTUNITIES FOR EMPLOYMENT IN CONSTRUCTION ON THE PROJECT VARIES WITH THE TIME OF YEAR AND THE PARTICULAR CONTRACT BEING EXECUTED, WEEMINUCHE GENERALLY EMPLOYS ABOUT 100 PEOPLE, ABOUT 67 OF WHOM ARE NATIVE AMERICAN. WEEMINUCHE ALSO UTILIZES MANY SUBCONTRACTORS, MANY OF WHICH ARE LOCAL TO THE AREA.

THE HANDS-ON ROLE THE UTE MOUNTAIN UTE TRIBE HAS PLAYED IN CULTURAL RESOURCES MITIGATION AND PROJECT CONSTRUCTION VERY SIMPLY ADDS MORE SIGNIFICANCE TO OUR WATER RIGHTS SETTLEMENT, THE HISTORY OF WHICH SPANS MORE THAN TWO DECADES AND REPRESENTS VERY REAL COOPERATION BETWEEN OUR TWO TRIBES AND OUR NON-INDIAN NEIGHBORS IN THE SAN JUAN BASIN. THE IMPETUS BEHIND THE ACT IS TO PROVIDE TO THE TRIBES THE WATER THEY WERE PROMISED, BUT, IN THE END, WE SINCERELY HOPE THIS RESERVOIR WILL HELP TO BETTER SERVE THE NEEDS OF ALL PEOPLE IN THE AREA, PARTICULARLY DURING THESE TIMES OF DROUGHT AND SEVERE WATER SHORTAGES. WE WANT THIS PROJECT TO REMIND PEOPLE FOREVER THAT THE FEDERAL GOVERNMENT’S TRUST RESPONSIBILITY TO NATIVE PEOPLES CAN RESULT IN GREAT THINGS FOR ALL PEOPLE, AND THAT BY WORKING TOGETHER, LOCAL RESIDENTS, TRIBES, LOCAL, STATE, AND FEDERAL GOVERNMENTS CAN ACHIEVE REAL, TANGIBLE SUCCESS.

THE COMMITMENT WE HAVE MADE TO SEE THIS SETTLEMENT THROUGH TO THE ACT OF 2000 IS EQUALLY MATCHED BY OUR PRESENT COMMITMENT TO BUILD THIS WATER PROJECT CORRECTLY, ON TIME, AND COST-EFFECTIVELY. REACHING THAT GOAL WILL BE A PROUD MOMENT FOR THE UTE MOUNTAIN UTE TRIBE, AND WHEN THE RESERVOIR IS FILLED WITH THE WET WATER WE HAVE DREAMED OF FOR SO MANY YEARS, OUR PRIDE WILL SHINE A BRIGHT LIGHT ON UTE MOUNTAIN AND THE ENTIRE FOUR CORNERS.

THANK YOU. I WILL BE HAPPY TO RESPOND TO ANY QUESTIONS.